Earlier this year, Governor Wes Moore signed into law two statutes — the Wage Range Transparency Law and the Pay Stub Information Law — that significantly increase the compensation details that Maryland employers must...more
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union. For over 70 years,...more
Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more
Under what circumstances will two or more entities be considered an employee’s joint employers? Recently, the US District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (NLRB) latest...more
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act — that provides new guidance on how to distinguish...more
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more
9/25/2023
/ Data-Sharing ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Investigations ,
Memorandum of Understanding ,
Misclassification ,
Pay Discrimination ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Retaliation ,
Training ,
Wage and Hour
Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more
8/17/2023
/ ADEA ,
Age Discrimination ,
Artificial Intelligence ,
Bias ,
Consent Decrees ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Ads ,
Job Applicants
Last week, in a setback for employers, the National Labor Relations Board (NLRB) adopted a new legal standard to determine whether facially neutral policies, handbook provisions, and work rules – those that don’t expressly...more
Signed into law on July 13, 2022, the District of Columbia Cannabis Employment Protections Act, provides major new workplace protections for marijuana users.
Under the Act, which went into effect on July 1, covered...more
Title VII requires employers to accommodate their employees’ religious practices unless it would impose an “undue hardship on the conduct of the employer’s business.” Fifty years ago, in Trans World Airlines, Inc. v....more
Enacted last year, the Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) began accepting PWFA charges on that date.
EEOC Chair Charlotte Burrows...more
The pendulum has swung again in the National Labor Relations Board’s (NLRB) continued effort to distinguish employees from independent contractors.
In FedEx Home Delivery, 361 NLRB 610 (2014) (FedEx II), the NLRB held that...more
The National Labor Relations Board’s (NLRB) longstanding policy strongly favored manual representation elections. With the COVID-19 pandemic’s onset, the Board began permitting mail-ballot elections under the “extraordinary...more
On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EEO ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Harassment ,
Reasonable Accommodation ,
Rehabilitation Act ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Workplace Safety
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more
This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia.
As previously reported, Governor Glenn Youngkin signed into law Senate Bill 1086, which requires covered employees to provide...more
For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices. Last week, in a 3–2 decision, the Board clarified that its available...more
Last month, Maryland Governor Larry Hogan signed into law HB 78, which amends the state’s equal employment opportunity law to require employers to reasonably accommodate a job applicant’s known disability. ...more
Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously...more
Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the...more
Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more
This week, in a memorandum addressed to all Regional Directors, Officers-in-Charge, and Resident Officers, the Board’s Office of the General Counsel announced a new protocol designed to advance immigrant worker protections to...more